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. ..v .rx� ovuvobnU13 URBAN PROPANE 2004
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<br /> 10. DAMAGES; INDEMNIFICATION; LIMITATION ON ACTION; Customer releases and agrees to indemnify and hold
<br /> Seller, its affiliates, employees, agents, assigns and successors harmless from and against any claim, liability, injury,
<br /> damage, loss or expense (including attorneys' fees) resulting from Customer's use of Seller's Equipment or tampering or
<br /> unauthorized servicing thereof; from losses arising from installation, removal, use, misuse or malfunction of Customer
<br /> owned equipment including piping however caused; from any Customer-owned bridge failure or other premises liablity
<br /> including consequential and/or environmental damages caused thereby; from exhaustion of Customer's Propane supply;
<br /> from Customer's breach of this Agreement; from any negligent act or omission on the part of Customer; and from any
<br /> force majeure condition. Seller shall not be liable to Customer, its employees or any third party for personal injury,
<br /> property or other damage, loss (including lost profits) or expense unless resulting from the sole negligence of Seller.
<br /> Seller's liability shall be limited to proven direct damages, not to exceed the fees paid by Customer over the twelve (12)
<br /> month period prior to the event giving rise to the liability. This provision shall survive the termination or expiration of
<br /> this Agreement. No demand, claim, suit or action shall be made or brought against Seller, its related business units,
<br /> employees, agents, assigns or successors more than one(1)year after the date of the event that caused any loss, damage
<br /> or injury.
<br /> 11. UNFORESEEABLE INTERRUPTION OF SERVICE: Seller shall not be liable to Customer or other party for failure to
<br /> supply Propane or for any delay, loss or damage, or any failure to perform this Agreement due to any of the following
<br /> "force majeure" conditions: flood, fire, adverse weather or environmental condition, power blackout, explosion, labor
<br /> dispute, embargo, inability to obtain sufficient or suitable materials, acts or omissions of carriers or transportation
<br /> facilities, government order or regulation, terrorist act, war, act of God, or any other cause beyond Seller's reasonable
<br /> control. Seller shall not be liable for any damage or loss of profit in the event of Interruption or termination of service
<br /> due to any force majeure condition or Customer's breach of this Agreement.
<br /> 12. DEFAULT: Should either party default on any material condition of this Agreement, the non-defaulting party shall
<br /> have the option to cancel this Agreement by providing thirty (30) days prior written notice of intent to cancel to the
<br /> defaulting party and If the defaulting party does not cure such default within such notice period, except that Seller may
<br /> elect to terminate this Agreement Immediately if Customer fails to make payment or maintain insurance coverage as
<br /> required hereunder or for any safety violation not remedied.
<br /> 13. NO WAIVER; SEVERABILITY: No delay on the part of either party in exercising any of its rights hereunder shall
<br /> prevent the exercise of such rights at a later date, and any waiver of any breach of this Agreement by either party shall
<br /> not be deemed a waiver of any other or subsequent breach thereof. Should any section or clause of this Agreement be
<br /> held invalid by a court of competent Jurisdiction, it is agreed that the balance of this Agreement shall notwithstanding,
<br /> continue in full legal force and effect.
<br /> 14. SUCCESSORS; ASSIGNMENT; NOTICES; This Agreement shall inure to the benefit of and be binding upon the
<br /> parties and their respective successors, legal representatives and assigns, except that Customer shall not assign this
<br /> Agreement without the written consent of Seller. It is agreed that Seller may assign this Agreement to its affiliates at any
<br /> time. All communications and notices provided for or permitted hereunder shall be effectively given if in writing and
<br /> mailed postage prepaid (certified mall for termination notices) to the respective address set forth above. Customer
<br /> authorizes Seller to leave a notice at the Delivery Address of any condition preventing Propane delivery or resulting In
<br /> service discontinuance or otherwise requiring Customer's attention. Customer shall notify Suburban of change in fuel
<br /> consumption that may require adjustment of volume and/or frequency of fuel deliveries.
<br /> 15. APPLICABLE LAW; ENTIRE AGREEMENT: This Agreement shall be construed in accordance with the laws of the
<br /> State of New York, without regard to its confiict-of-laws rules. This Agreement contains the entire agreement between the
<br /> parties and supersedes all prior negotiations, proposals and oral or written agreements with respect to the subject matter
<br /> hereof. This Agreement may only be waived or amended by a writing executed by both parties.
<br /> 16. CUSTOMER'S CREDIT CHECK AUTHORIZATION AND REPRESENTATION: Customer has authorized or hereby
<br /> authorizes Suburban to conduct a credit check to evaluate Customer's credit prior to Suburban's acceptance of this
<br /> Agreement. By signing this Agreement, Customer acknowledges that Customer has become familiar with the odor of
<br /> Propane, and has received a copy of Suburban's Safety Tips end Propane Material Safety Data Sheet.
<br /> IN WiTNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed;
<br /> CUSTOMER BY: TITLE:0
<br /> SUBURBAN BY ��$ �,,�v� ��j� I �I TITLE; GUST. RELATIONS SPECIALIST
<br /> Item No. 1527650 AGR-1009-1007
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